Every appeal shall be made in such manner and form and subject to such regulations (including regulations as to fees, costs, charges, and expenses) as may for the time being be directed by Order in Council, and in the absence of any such Order, or so far as any such Order does not extend, then in such manner and forin and subject to such regulations as are for the time being prescribed or in force respecting maritime causes of appeal. PART I. PRIZE COURTS. of Judicial 6. The Judicial Committee of the Privy Council shall have jurisdiction Jurisdiction to hear and report on any such appeal, and may therein exercise all such Committee in powers as for the time being appertain to them in respect of appeals prize appeals. from any court of Admiralty jurisdiction, and all such powers as are under this Act vested in the High Court of Admiralty, and all such powers as were wont to be exercised by the Commissioners of Appeal in prize causes. processes, papers, &c. 7. All processes and documents required for the purposes of any such Custody of appeal shall be transmitted to and shall remain in the custody of the registrar of Her Majesty in prize appeals. for appeal. 8. In every such appeal the usual inhibition shall be extracted from Limit of time the registry of Her Majesty in prize appeals within three months after the date of the order or decree appealed from, if the appeal be from the High Court of Admiralty, and within six months after that date, if it be from a Vice-Admiralty prize court. The Judicial Committee may, nevertheless, on sufficient cause shown, allow the inhibition to be extracted and the appeal to be prosecuted after the expiration of the respective periods aforesaid. Vice-Admiralty Prize Courts. 9. Every Vice-Admiralty prize court shall enforce within its jurisdiction Enforcement all orders and decrees of the Judicial Committee in prize appeals, and of of orders of the High Court of Admiralty in prize causes. Judicial 10. Her Majesty in Council may grant to the judge of any Vice Salaries of Admiralty prize court a salary not exceeding five hundred pounds a year, judges of payable out of money provided by Parliament, subject to such regulations Admiralty as seem meet. A judge to whom a salary is so granted shall not be entitled to any further emolument, arising from fees or otherwise, in respect of prize business transacted in his court. Vice prize courts. An account of all such fees shall be kept by the registrar of the Account and court, and the amount thereof shall be carried to and form part of the application of Consolidated Fund of the United Kingdom. fees. judges, as in 11. In accordance, so far as circumstances admit, with the principles Retiring and regulations laid down in The Superannuation Act, 1859,* Her pensions of Majesty in Council may grant to the judge of any Vice-Admiralty prize 22 Vict. court an annual or other allowance, to take effect on the termination of his service, and to be payable out of money provided by Parliament. c. 26. Vice 12. The registrar of every Vice-Admiralty prize court shall, on the Returns from first day of January and first day of July in every year, make out a Admiralty return (in such form as the Lords of the Admiralty from time to time prize courts. direct) of all cases adjudged in the court since the last half-yearly return, and shall with all convenient speed send the same to the registrar of the High Court of Admiralty who shall keep the same in the registry * Not printed in this edition. PART I.- Prohibition of court acting as proctor, &c., in of that Court, and who shall, as soon as conveniently may be, send a copy of the returns of each half year to the Lords of the Admiralty who shall lay the same before both Houses of Parliament. 13.* General. 14. It shall not be lawful for any registrar, marshal, or other officer officer of prize of any prize court, or for the registrar of Her Majesty in prize appeals, directly or indirectly to act or be in any manner concerned as advocate, proctor, solicitor, or agent, or otherwise, in any prize cause or appeal, on pain of dismissal or suspension from office, by order of the court or of the Judicial Committee (as the case may require). prize causes. Prohibition of concerned for adverse partics in 15. It shall not be lawful for any proctor or solicitor, or person proctors being practising as a proctor or solicitor, being employed by a party in a prize cause or appeal, to be employed or concerned, by himself or his partner, or by any other person, directly or indirectly, by or on behalf of any adverse party in that cause or appeal, on pain of exclusion or suspension from practice in prize matters, by order of the court or of the Judicial Committee (as the case may require). a cause. PART II.- Custody of Bringing in of ship papers. Issue of monition. Examinations on standing interrogatories. II. PROCEDURE IN PRIZE CAUSES. 16. Every ship taken as prize, and brought into port within the jurisdiction of a prize court, shall forthwith, and without bulk broken, be delivered up to the marshal of the court. If there is no such marshal, then the ship shall be in like manner delivered up to the principal officer of Customs at the port. The ship shall remain in the custody of the marshal, or of such officer, subject to the orders of the court. 17. The captors shall, with all practicable speed after the ship is brought into port, bring the ship papers into the registry of the court. The officer in command, or one of the chief officers of the capturing ship, or some other person who was present at the capture, and saw the ship papers delivered up or found on board, shall make oath that they are brought in as they were taken, without fraud, addition, subduction, or alteration, or else shall account on oath to the satisfaction of the court for the absence or altered condition of the ship papers or any of them. Where no ship papers are delivered up or found on board the captured ship, the officer in command, or one of the chief officers of the capturing ship, or some other person who was present at the capture, shall make oath to that effect. 18. As soon as the affidavit as to ship papers is filed, a monition shall issue, returnable within twenty days from the service thereof, citing all persons in general to show cause why the captured ship should not be condemned. 19. The captors shall, with all practicable speed after the captured ship is brought into port, bring three or four of the principal persons. belonging to the captured ship before the judge of the court, or some person authorised in this behalf, by whom they shall be examined on oath on the standing interrogatories. * Section 13 (General Orders for Prize Courts) superseded by a new provision; see the Prize Courts Act, 1894 (57 & 58 Vict. c. 39), s. 3, infra, this title. The preparatory examinations on the standing interrogatories shall, if possible, be concluded within five days from the commencement thereof. PART II.- IN PRIZE CAUSES. 20. After the return of the monition, the court shall, on production Adjudication of the preparatory examinations and ship papers, proceed with all by court. convenient speed either to condemn or to release the captured ship. proof. 21. Where, on production of the preparatory examinations and ship Further papers, it appears to the court doubtful whether the captured ship is good prize or not, the court may direct further proof to be adduced, either by affidavit or by examination of witnesses, with or without pleadings, or by production of further documents; and on such further proof being adduced the court shall with all convenient speed proceed to adjudication. 22. The foregoing provisions as far as they relate to the custody of Custody, &c., the ship, and to examination on the standing interrogatories, shall not of ships of apply to ships of war taken as prize. Claim. war. claim. 23. At any time before final decree made in the cause, any person Entry of claiming an interest in the ship may enter in the registry of the court a claim, verified on oath. costs. Within five days after entering the claim, the claimant shall give Security for security for costs in the sum of sixty pounds; but the court shall have power to enlarge the time for giving security, or to direct security to be given in a larger sum, if the circumstances appear to require it. Appraisement. 24. The court may, if it thinks fit, at any time direct that the Power of captured ship be appraised. Every appraisement shall be made by competent persons, sworn to make the same according to the best of their skill and knowledge. Delivery on Bail. court to court to 25. After appraisement, the court may, if it thinks fit, direct that Power to the captured ship be delivered up to the claimant, on his giving security direct to the satisfaction of the court to pay to the captors the appraised delivery to value thereof in case of condemnation. Sale. claimant on bail. court to 26. The Court may at any time, if it thinks fit, on account of the Power to condition of the captured ship, or on the application of a claimant, order sale. order that the captured ship be appraised as aforesaid (if not already appraised), and be sold. condemnation. 27. On or after condemnation the court may, if it thinks fit, order Sale on that the ship be appraised as aforesaid (if not already appraised), and be sold. 28. Every sale shall be made by or under the superintendence of the Sales, how to marshal of the court, or of the officer having the custody of the captured be made. PART II.- Payment of proceeds of sale, or appraised value of ship delivered to claimant on bail, to Paymaster General or official accountant, subject to regulations by Order in Council as to custody and disposal. Several small ships may be included in one adjudication. Application of foregoing provisions to prize goods. Power to court to issue monition to captors to proceed to adjudication. Person intervening on appeal, to enter claim, and give secarity for co-t PART III. SPECIAL CASES OF Jurisdiction of prize court in case of capture in land expedition. Juri-diction of prize court in case of prize taken in expedition with ally. 29. The proceeds of any sale, made either before or after condemnation, and after condemnation the appraised value of the captured ship, in case she has been delivered up to a claimant on bail, shall be paid under an order of the court either into the Bank of England to the credit of Her Majesty's Paymaster General, or into the hands of an official accountant (belonging to the commissariat or some other department) appointed for this purpose by the Treasury or by the Admiralty, subject in either case to such regulations as may from time to time be made, by Order in Council, as to the custody and disposal of money so paid. Small armed Ships. 30. The captors may include in one adjudication any number, not exceeding six, of armed ships not exceeding one hundred tons each, taken within three months next before institution of proceedings. Goods. 31. The foregoing provisions relating to ships shall extend and apply, mutatis mutandis, to goods taken as prize on board ship; and the court may direct such goods to be unladen, inventoried, and warehoused. Monition to Captors to proceed. 32. If the captors fail to institute or to prosecute with effect proceedings for adjudication, a monition shall, on the application of a claimant, issue against the captors, returnable within six days from the service thereof, citing them to appear and proceed to adjudication; and on the return thereof the court shall either forthwith proceed to adjudication, or direct further proof to be adduced as aforesaid, and then proceed to adjudication. Claim on Appeal. 33. Where any person, not an original party in the cause, intervenes on appeal, he shall enter a claim verified on oath, and shall give security for costs. III. SPECIAL CASES OF CAPTURE. 34. Where, in an expedition of any of Her Majesty's Naval or Naval and Military Forces against a fortress or possession on land, goods belonging to the State of the enemy or to a public trading company of the enemy exercising powers of government are taken in the fortress or possession, or a ship is taken in waters defended by or belonging to the fortress or possession, a prize court shall have jurisdiction as to the goods or ship so taken, and any goods taken on board the ship, as in case of prize. Conjunct Capture with Ally. 35. Where any ship or goods is or are taken by any of Her Majesty's Naval or Naval and Military Forces while acting in conjunction with any forces of any of Her Majesty's allies, a prize court shall have jurisdiction as to the same as in case of prize, and shall have power, after condemnation, to apportion the due share of the proceeds to Her Majesty's ally, the proportionate amount and the disposition of which share shall be such as may from time to time be agreed between Her Majesty and Her Majesty's ally. 1864. Naval Prize. Joint Capture. PART III.- CASES OF CAPTURE. on petitions captors. 36. Before condemnation, a petition on behalf of asserted joint Restrictions captors shall not (except by special leave of the court) be admitted, unless by asserted and until they give security to the satisfaction of the court to contribute joint to the actual captors a just proportion of any costs, charges, or expenses or damages that may be incurred by or awarded against the actual captors on account of the capture and detention of the prize. After condemnation, such a petition shall not (except by special leave of the court) be admitted, unless and until the asserted joint captors pay to the actual captors a just proportion of the costs, charges, and expenses incurred by the actual captors in the case, and give such security as aforesaid, and show sufficient cause to the court why their petition was not presented before condemnation. Provided that nothing in the present section shall extend to the asserted interest of a flag officer claiming to share by virtue of his flag. Offences against Law of Prize. offence by reserved for 37. A prize court, on proof of any offence against the law of nations. In case of or against this Act, or any Act relating to naval discipline, or agains. captors, prize any order in council or royal proclamation, or of any breach of Her may be Majesty's instructions relating to prize, or of any act of disobedience to Crown. the orders of the Admiralty, or to the command of a superior officer, committed by the captors in relation to any ship or goods taken as prize, or in relation to any person on board any such ship, may, on condemnation, reserve the prize to Her Majesty's disposal, notwithstanding any grant that may have been made by Her Majesty in favour of captors. Pre-emption. Admiralty for of stores on carrying 38. Where a ship of a foreign nation passing the seas laden with Purchase by naval or victualling stores intended to be carried to a port of any enemy public service of Her Majesty is taken and brought into a port of the United Kingdom, board foreign and the purchase for the service of Her Majesty of the stores on board ships, the ship appears to the Admiralty expedient without the condemnation stores to an thereof in a prize court, in that case the Lords of the Admiralty may enemy, a id purchase, on the account or for the service of Her Majesty, all or any within a port of the stores on board the ship; and the Commissioners of Customs may Kingdom. permit the stores purchased to be entered and landed within any port. Capture by Ship other than a Ship of War. 39. Any ship or goods taken as prize by any of the officers and crew of a ship other than a ship of war of Her Majesty shall, on condemnation, belong to Her Majesty in her office of Admiralty. IV. PRIZE SALVAGE. 40. Where any ship or goods belonging to any of Her Majesty's subjects after being taken as prize by the enemy, is or are retaken from the enemy by any of Her Majesty's ships of war, the same shall be restored by decree of a prize court to the owner, on his paying as prize salvage one-eighth part of the value of the prize, to be decreed and ascertained by the court, or such sum, not exceeding one-eighth part of the estimated value of the prize, as may be agreed on between the owner and the re-captors, and approved by order of the court: Provided, that where the re-capture is made under circumstances of special difficulty or brought of the United Prizes taken by ships other than ships of war to be droits of Admiralty. PART IV.PRIZE SALVAGE. Salvage to British ship enemy. |